PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 July 2002
	DOCKET NUMBER:   AR2002070168

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Harry B. Oberg		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Report of Transfer or Discharge be corrected to show that he was awarded the Air Medal, the Purple Heart and the Good Conduct Medal.

3.  The applicant states that the awards were never included on his Report of Transfer or Discharge (DD Form 214).

4.  The applicant’s military records show that on 19 August 1963, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as an infantry direct fire crewman.

5.  He was honorably discharged on 19 July 1966, with excellent conduct and efficiency ratings.  He completed 2 years, 11 months and 1 day of total active service and he had no lost time.  The DD Form 214 that he was furnished at the time of his discharge shows that the was awarded the Purple Heart, the Vietnam Service Medal, the Combat Infantryman Badge, the Sharpshooters Badge (Rifle M-14), and the Marksmanship Badge (Rifle).

6.  On 4 April 1975, the Army Reserve Personnel Center (ARPERCEN) reviewed the applicant’s records and determined that he was also entitled to the Air Medal w/Numeral 4 and the Vietnam Service Medal w/one bronze service star.  However, the awards were never included on his DD Form 214.

7.  On 10 May 2000, the ARPERCEN reviewed the applicant’s records a second time and determined that he was entitled to the Presidential Unit Emblem (correctly known as the Presidential Unit Citation), the National Defense Service Medal, the Republic of Vietnam Campaign Medal w/Device (1960), and the Expert Badge w/Recoilless Rifle & Mortar Bars.  These awards were also never included on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

10.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for service in Vietnam, during the period in which the applicant served in the unit.

CONCLUSIONS:

1.  The applicant’s DD Form 214 currently reflects that he was awarded the Purple Heart while he was in the Army.  However, errors were made during the preparation of the applicant’s DD Form 214, which resulted in the omission of the Air Medal w/Numeral 4, the Presidential Unit Citation, the National Defense Service Medal, the Republic of Vietnam Campaign Ribbon w/Device (1960), and the Expert Badge w/Recoilless Rifle & Mortar Bars.  Moreover, one bronze service star should have been included on his award of the Vietnam Service Medal.

2.  Although awarded subsequent to the applicant’s departure from Vietnam, he is entitled to the RVNGC w/Palm Unit Citation.  Therefore, it would be appropriate to award it to him at this time and to correct his records accordingly.

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 19 August 1963 through 19 July 1966.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude him from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  The Board found that the applicant’s failure to receive the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was awarded the Air Medal w/Numeral 4, the Presidential Unit Citation, the National Defense Service Medal, the Republic of Vietnam Campaign Medal w/Device (1960), the Expert Badge w/Recoilless Rifle & Mortar Bars, and the Vietnam Service Medal w/one bronze service star;
	b.  by awarding him the GCMDL for the period of 19 August 1963 through 19 July 1966, while serving in the pay grade of E-4; and

	c.  by awarding him the RVNGC w/Palm Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___jm___  __tsk ___  __hbo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ted S. Kanamine_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002070168	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  64	107.0018	
3.  77	107.0031	
4.  115	107.0069	
5.  134	107.0088	
6.